14 “18. The defendant/applicant in claiming that the amount of damages awarded to the
Plaintiff/respondent is excessive having regard to the evidence before the Court is
simply claiming that the judgment is erroneous. It is trite learning that if a judgment
is erroneous, it is a ground for appeal but not for review as contemplated by Article
25 of Protocol A/P1/7/91 and Article 92 of the Rules of this Court.”
“Article 19(2) of Protocol A/P1/7/91 makes it clear that judgments of this Court are
final and binding, subject to the provisions of a review. The decisions of this Court
are thus not subject to appeal. The Court will not welcome any attempt to use the
limited review process as an appeal process, and thereby circumvent the fact that
these decisions are final.” See pages 4-7 of that Ruling.
9. CONCLUSION
9.1. The provision of Article 25 of the Protocol on the Community Court of Justice
is not a license for automatic review of decisions made by the Court; the Applicant
must show clearly a mistake of law or of fact which was not then known to the
Applicant which, if it had been known, would have led the Court to produce a
different disposition of the case.
9.2. In this instant case, it is crystal clear that all issues raised in this new Application
seeking the revision of the Court’s earlier decisions, were all included from the very
inception of the filing of this case and the Court considered the totality of the case
and made a determination. We do not feel there is any legal reason to justify the
reversal/ review of the Ruling/Judgment and alter the awards made by this Court.
Therefore, the Application is not admissible and the claims sought should be denied,
and the original judgments and rulings of this Court ordered enforced without any
further delay.
9.3. Having said the above, there are a few observations the Court would like to make
as we conclude this Judgment.
9.4. First and foremost, this case is a case for alleged violations of human rights and
as such was brought under the human rights jurisdiction of this Court, as the
Applicant herself cited and relied on the African Charter on Human and Peoples’
Rights. Therefore, a complaint for human rights violation is properly brought against
States parties to the Charter and not other kinds of persons.